While the immediate regulatory requirements for landfills may not have changed, the indirect effects of new PFAS regulations are profound and far-reaching. By staying ahead of these changes and preparing for the increased scrutiny and waste inflow expected, landfill operators can ensure compliance and protect their operations from potential liabilities associated with PFAS pollution.
By Pat Stanford, Ryan March, and Brad Granley
We are nearly three years into a new world for the solid waste industry. It is not going to be easy. In fact, it is going to be the most challenging period since subtitle D came into enforcement three decades ago. This time, the combat is from PFAS, and the burden will include passive receivers like landfills. Information keeps trickling out, scheduled deadlines keep moving, more compounds are to be regulated, and it can be a full-time job to simply navigate the new matrix. That is why we have decided to dedicate our time and resources to bring this issue to you with the latest updates without having to read a 165-page EPA document.
As of April 2024, the U.S. has established enforceable federal regulations on per- and polyfluoroalkyl substances (PFAS), which are chemicals known for their persistence in the environment and potential health risks. This regulation marks a significant shift from previous guidelines and introduces stricter controls that directly impact various industries, including water utilities, but also indirectly affecting landfill operations.
Introduction of Federal PFAS Limits
The change was set into motion on April 10, when EPA Administrator Michael Regan announced the establishment of the first enforceable federal limits on PFAS in drinking water. Previously, the guidance was set at 70 parts per trillion (ppt) for two specific PFAS compounds (PFOS and PFOA), which served only as a non-binding recommendation to water utilities. The new rules in 2024 bring these levels down to four ppt for these two compounds and expands the regulation to include a total of six PFAS compounds (PFOA, PFOS, PFHxS, PFNA, HFPO-DA (GenX), and PFBS). This tightening of regulations is expected to lead to significant changes in how industries handle these substances.
Shortly thereafter, on April 19, the EPA issued another rule that listed two PFAS compounds (PFOA and PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund. This act facilitates the recovery of cleanup costs from polluters, thus increasing the financial and operational impacts on industries releasing these chemicals.
Additionally, in February 2024, the EPA proposed to classify PFOA, PFOS, and seven other PFAS compounds (those listed previously plus PFBA, PFHxA, and PFDA) as Hazardous Constituents under the Resource Conservation and Recovery Act (RCRA). While this designation does not immediately categorize PFAS as Hazardous Waste, it does indicate that such classification could be considered in future regulatory decisions. This suggests a looming change that could redefine PFAS management standards, potentially affecting landfill operations as disposal sites for substances classified under these rules.
Implications for the Solid Waste Industry
Directly, the new federal rules do not impose new requirements on landfills. However, the indirect implications are significant and diverse. The regulation of PFAS in drinking water is poised to have cascading effects across several sectors, including solid waste management. Approximately 6 to 10 percent of U.S. water providers are expected to not meet these new standards, with industry estimates suggesting the number could be as high as 45 percent. This implies that at least 5,000 water utilities will need to upgrade their treatment systems to comply with the new regulations.
As water utilities begin to address these new standards, many will likely turn to technologies like Granular Activated Carbon (GAC) or Ion Exchange (IX) systems, which are currently the most cost-effective treatment methods for clean-water applications. These systems use media that, once spent, will need proper disposal—often in landfills. This increase in waste production is something landfill operators must prepare for, as it will likely lead to a higher volume of PFAS-laden materials requiring safe and compliant disposal.
Moreover, states that have delegated authority under the Safe Drinking Water Act will need to update their regulations to align with these stricter federal standards, which could increase regulatory scrutiny of PFAS at the state level. Water utilities are also required to conduct regular tests for PFAS and report these findings in their annual water quality reports, potentially increasing public pressure and regulatory focus on PFAS pollution sources, including landfills.
CERCLA and PFAS: A New Regulatory Landscape
The designation of PFAS as hazardous substances under CERCLA introduces a new layer of complexity for industries potentially responsible for PFAS pollution. Under CERCLA’s “Joint and Several Liability” principle, any entity that has discharged a pollutant may be held liable for cleanup costs, even if their contribution was minimal. This poses a significant risk for landfill operators, as landfills are known to discharge PFAS through leachate.
While the EPA currently does not plan to enforce CERCLA regulations on publicly owned municipal solid waste landfills, this policy could change. It is unknown how the EPA will treat privately owned and operated landfills. Moreover, the potential for third-party lawsuits remains high. Landfills known to discharge PFAS could become targets for lawsuits seeking to recover cleanup costs or damages related to PFAS pollution.
In addition, these new regulations are also impacting municipal wastewater treatment plants. Depending on their risk tolerance and requirements, wastewater plants may use their Industrial Pretreatment Program (IPP) authority to ban PFAS containing industrial waste such as leachate. And while the normal regulatory process involves notification and public hearings, IPP changes can happen at local discretion and be implemented almost immediately.
Preparing for the Future
Given the broad implications of these new PFAS regulations, it is crucial for landfill operators and engineers to stay informed and proactive. Although the direct impact of current regulations on landfills is limited, the indirect effects—such as increased waste from water treatment processes and potential liability for PFAS discharge—necessitate careful planning and adaptation.
Landfill operators should engage with environmental engineers and treatment technology providers to explore effective PFAS management and disposal solutions. Understanding the evolving regulatory landscape and its implications on waste management practices will be key to navigating the challenges and responsibilities presented by these new PFAS regulations. Best practice treatment systems and plans are certainly not a one shoe size fits all scenario.
Landfills that are discharging to a wastewater treatment plant should be aware of how the regulations are affecting the plant and prepare for the potential of being shut off from discharging. Knowing alternative disposal and treatment options is critical.
While the immediate regulatory requirements for landfills may not have changed, the indirect effects of new PFAS regulations are profound and far-reaching. By staying ahead of these changes and preparing for the increased scrutiny and waste inflow expected, landfill operators can ensure compliance and protect their operations from potential liabilities associated with PFAS pollution. | WA
Pat Stanford is a Principal at Coviana, LLC, a specialty environmental firm focused on landfill leachate and PFAS technologies and regulations. He has more than 35 years of leachate treatment experience both in the U.S. and internationally. Pat can be reached at (310) 322-4205 or e-mail [email protected].
Ryan March is a Director of Innovation with Leachate Management Specialists. His wide range of experience has focused on bringing new technologies to those most in need. He can be reached at (905) 999-7202 or e-mail [email protected].
Brad Granley, P.E., is President and PFAS Lead for Leachate Management Specialists. His 25+ years of experience include complex remediation projects in his early career, and an almost exclusive focus in the solid waste industry the last 15+ years. He can be reached at (720) 556-4801 or e-mail [email protected].